Frequently Asked Questions about Prop 8

Impact on Same-sex Couples

Don't domestic partnerships give all the same rights as marriage, just without the same name?

NO. Domestic partnerships are a creature of California law, and have no
significance when traveling outside of California. If we're on vacation in another state, or I'm on a business
trip in another state, our California domestic partnership means nothing in other jurisdictions.
Domestic partnerships have no federal recognition either.
For example, unlike fully-recognized married couples,
if I die, my domestic partner would not get any of my earned Social Security benefits. Though he'd automatically get our house
because we own it as joint tenants, he would have to pay a hefty tax on the value of his "gift income".
Issues such as Social Security, inheritance taxation,
insurance and pension law impede our ability to see to each other's security in the same way as a married couple.

Within California, don't domestic partnerships get the same rights as marriage?

NO. Even within California, domestic partnerships don't get the same recognition even though they're legally entitled to it.
Part of the problem is that people just aren't familiar with domestic partnerships. The other part is that
by having a separate status it inevitably creates the implication that the separate status is "second class". Even if the
same water is running through separate drinking fountains, it's not the same thing as having one fountain for everyone.
As a practical matter, domestic partners are often discountenanced by hospitals and doctors, bankers and brokers,
in insurance and employee benefits, as we try to fulfill our responsibilities to provide and care for one another.
(See, for example, New Jersey's experience with civil unions.)

NO. Legally they should be, but in practice there have been
horrifying instances
of domestic partners being
barred from discussing their partner's medical condition with the doctor, or even barred from visiting them in
the hospital. Marriage is a universally recognized and understood concept, while few people know the details
of what domestic partnership means, and thus may be reluctant to accept it.
(find out more)

Churches and Religious Liberty

Will churches be forced to perform same-sex marriages?

NO. The California Supreme Court in their recent decision
was very clear that no religion will be required to change its practices, and no officiant will be
required to perform any wedding ceremony against his/her beliefs. Freedom of religion is
fundamental, and would not be affected by same-sex marriage.
(find out more)

Can churches lose their tax-exempt status if they refuse to perform same-sex marriages?

NO. Per federal law, the only political action that jeopardizes a church's tax-exempt
status is endorsing a particular candidate or party. Moreover, tax-exemption is a federal
matter, so changes in California law would not effect the federal tax codes.
(find out more)

But that Pepperdine law professor on the TV ad said that churches could lose their tax-exempt status.

What an embarrassment for Pepperdine that was to have one of their law profs be so obviously and publicly wrong about the law.
While the University respects the right to free speech of their professor, they promptly contacted the Prop 8 people
and demanded that Pepperdine's name
be removed from those ads.

Doesn't same-sex marriage go against most religions?

NO. Positions on same-sex marriage vary across denominations, and even within denominations
from church to church. While many churches do not support same-sex marriage, plenty of churches actively
perform same-sex marriages. Many more churches, while not performing same-sex marriages, oppose state law
like Prop 8 on the grounds of separating church and state to preserve religious liberty. For instance, the
California
Council of Churches endorses marriage equality (i.e., opposes Prop 8).
(find out more)

Schools

Will schools be forced to teach kids about same-sex marriage?

NO. The curriculum identified by the California Education Code for health education includes
instruction on "the legal and financial aspects and responsibilities of marriage and parenthood", as
an optional topic within a health education program. The law
specifies that the instruction should teach respect for marriage and committed relationships, and that the
material should be appropriate for "pupils of all races, genders, sexual orientations, ethnic and cultural
backgrounds", etc. The law specifies that parents and the community have a role in shaping the specifics
of the curriculum for their local schools. That's been the curriculum for many years, and there's no reason it would change.
As the LA Times editorial board said, in urging a NO on 8 vote,
"Assertions
that it would require schools to promote gay marriage are utter nonsense."
California Superintendent of Public Instruction Jack O'Connell has denounced
the claims of the YES on 8 ads as "lies" and "absolutely not true".

But I heard that in Massachusetts, a school refused to honor a parent's objections to a book?

Unlike Massachusetts, California law gives parents an absolute right to remove their kids and opt-out of
teaching on health and family instruction they donít agree with. The Yes on 8 campaign knows that California law
already gives parents a choice, and Prop 8 passing or not wonít affect that, so they bring up an irrelevant case
in Massachusetts as a scare tactic.

I heard that in San Francisco, some elementary school kids were taken on a field trip to see their lesbian teacher get married.

That's true. It happened in a charter school, and the field trip was instigated and organized not by the teacher, but
by the parents. Those parents in that particular class wanted their children to see what they felt was an
important learning opportunity. The parents of all but two of the students agreed. Those other two students were
accommodated in another classroom that day, and weren't forced to go on the field trip. This was parents having a choice in
how their children are educated in these matters — isn't that how it's supposed to work?
(find out more)
UPDATE: Not only are the Yes on 8 people misrepresenting this incident, but their latest commercial
uses
images of first-graders without their parents' consent and against their objections.

The Court Decision

Didn't four liberal judges arrogantly override the will of the people?

It's important to remember that we live in a constitutional form of government where the "will of the people"
does not always rule. The Constitution rules. As part of the "checks and balances", it's the job of judges
to keep the majority in check when they want to infringe the rights of a minority. That's not "legislating
from the bench", it's doing their job, and by its nature, it's often a thankless and unpopular job.
(find out more)

It's wrong to suggest that the judges made their decision based on ideology. Chief Justice Robert George,
who wrote the opinion, has a long reputation as a "careful jurist" and a "moderate Republican". Three of the four
judges were Republican appointees. Moreover, the trial court judge who first ruled in favor of same-sex marriage
is a Republican and a Catholic. These judges were not pushing any agenda. If anything, they were just being scrupulously
honest in following the Constitution to its logical consequence of fairness and equal treatment, which may even have been
contrary to their personal political leanings. What's arrogant are the people who impugn the integrity of these
judges by automatically assuming they were "arrogant liberals".

Statistics

How many same-sex couples have married?

Same-sex marriage only became legally recognized in California in June of this year. Between June 17 and September 17,
it is estimated over 11,000 same-sex couples were married in California. That represents about one sixth of the total
marriages during that period.
(find out more)
(UPDATE: Estimates as of 2 November are that 16,000 same-sex couples have married.)

What does same-sex marriage mean for the California economy?

In the official ballot pamphlet, the legislative analyst projects a net negative fiscal impact of tens of millions of dollars in
state and local tax revenue over the next few years if Prop 8 passes. Currently, California is only the second state to legally recognize
same-sex marriage, drawing same-sex couples not only within California but around the country to come here for their weddings, and in the
process, supporting California businesses. A recent study by the Williams Institute estimated that direct spending by same-sex couples
on weddings and tourism would boost the California economy by over $680 million over the next three years, creating and sustaining over
2000 new jobs, and adding over $60 million to state and local tax revenues.
(find out more)

How many same-sex couples are there in California?

Census-based estimates put the number of self-identified gay, lesbian, and bisexual Californians at 861,000, which is about 3% of
the total population. There are about 109,000 same-sex couples (roughly 1 in 4 gay individuals are coupled). Nearly 25% of those couples
are raising more than 52,000 children.
(find out more)

We realize that you, our fellow Californians, are a diverse crowd with many different points of view. We've tried to explain our viewpoint on this
website, but we couldn't address every possible moral, religious, political and philosophical perspective. If you have questions, comments, or would
like to discuss this further, we welcome respectful dialog with our fellow citizens. Please feel free to
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